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MATTER OF KISCHEL

No. 50855.

299 N.W.2d 920 (1980)

In the Matter of the Trusteeship under the Emil C. KISCHEL Trust Created by the Last Will and Testament of Emil C. Kischel, Deceased.

Supreme Court of Minnesota.

Rehearing Denied January 21, 1981.

Attorney(s) appearing for the Case

Rider, Bennett, Egan & Arundel, Larry R. Henneman and Deborah Z. McNally, Minneapolis, for appellant.

Scholle & Scholle and Leslie C. Scholle, Minneapolis, for Lillian Kathleen Barnes.

Lindquist & Vennum and John A. Forrest, Minneapolis, for Kevin M. Barnes.

Howard McRoberts and Patrick Murray, Minneapolis, for Trustees.

Heard, considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from an order and judgment of the Hennepin County District Court construing the terms of a trust created by the last will and testament of Emil C. Kischel. We reverse.

The parties stipulated to all material facts. The pertinent portions of the stipulation are as follows:

IT IS HEREBY STIPULATED AND AGREED, by the parties hereto that the following statements of fact and attached copies of documents are true, correct...

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